USC Subchapter II

USC Subchapter II
in effect

25 U.S.C. § 2411 Inter-departmental Memorandum of Agreement

(a) In generalNot later than 1 year after July 29, 2010, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall develop and enter into a Memorandum of Agreement which shall, among other things—(1) determine and define the scope of the problem of alcohol and substance abuse for Indian tribes and their members and its financial and human costs, and specifically identify such problems affecting Indian youth, (2) identify—(A) the resources and programs of the Bureau of Indian Affairs, Office of Justice Programs, Substance Abuse and Mental Health Services Administration, and Indian Health Service, and (B) other Federal, tribal, State and local, and private resources and programs, which would be relevant to a coordinated effort to combat alcohol and substance abuse among Indian people, including those programs and resources made available by this chapter, (3) develop and establish appropriate minimum standards for each agency’s program responsibilities under the Memorandum of Agreement which may be—(A) the existing Federal or State standards in effect, or (B) in the absence of such standards, new standards which will be developed and established in consultation with Indian tribes, (4) coordinate the Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and Indian Health Service alcohol and substance abuse programs existing on October 27, 1986, with programs or efforts established by this chapter, (5) delineate the responsibilities of the Bureau of Indian Affairs, Department of Justice, Substance Abuse and Mental Health Services Administration, and the Indian Health Service to coordinate alcohol and substance abuse-related services at the central, area, agency, and service unit levels, (6) direct Bureau of Indian Affairs agency and education superintendents, where appropriate, and the Indian Health Service service unit directors to cooperate fully with tribal requests made pursuant to section 2412 of this title, and (7) provide for an annual review of such agreements by the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services. (b) Character of activitiesTo the extent that there are new activities undertaken pursuant to this chapter, those activities shall supplement, not supplant, activities, programs, and local actions that are ongoing on October 27, 1986. Such activities shall be undertaken in the manner least disruptive to tribal control, in accordance with the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.),11 See References in Text note below. and local control, in accordance with section 2010 1 of this title. (c) ConsultationThe Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall, in developing the Memorandum of Agreement under subsection (a), consult with and solicit the comments of—(1) interested Indian tribes, (2) Indian individuals, (3) Indian organizations, and (4) professionals in the treatment of alcohol and substance abuse. (d) PublicationThe Memorandum of Agreement under subsection (a) shall be submitted to Congress and published in the Federal Register not later than 130 days after July 29, 2010. At the same time as publication in the Federal Register, the Secretary of the Interior shall provide a copy of this chapter and the Memorandum of Agreement under subsection (a) to each Indian tribe.

25 U.S.C. § 2412 Tribal Action Plans

(a) In generalThe governing body of any Indian tribe may, at its discretion, adopt a resolution for the establishment of a Tribal Action Plan to coordinate available resources and programs, including programs and resources made available by this chapter, in an effort to combat alcohol and substance abuse among its members. Such resolution shall be the basis for the implementation of this chapter and of the Memorandum of Agreement under section 2411 of this title. (b) CooperationAt the request of any Indian tribe pursuant to a resolution adopted under subsection (a), the Bureau of Indian Affairs agency and education superintendents, where appropriate,,11 So in original. the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration, and the Indian Health Service service unit director providing services to such tribe shall cooperate with the tribe in the development of a Tribal Action Plan to coordinate resources and programs relevant to alcohol and substance abuse prevention and treatment. Upon the development of such a plan, such superintendents and director, as directed by the Memorandum of Agreement established under section 2411 of this title, shall enter into an agreement with the tribe for the implementation of the Tribal Action Plan under subsection (a). (c) Provisions(1) Any Tribal Action Plan entered into under subsection (b) shall provide for—(A) the establishment of a Tribal Coordinating Committee which shall—(i) at a minimum, have as members a tribal representative who shall serve as Chairman and the Bureau of Indian Affairs agency and education superintendents, where appropriate,,1 the Office of Justice Programs, the Substance Abuse and Mental Health Services Administration, and the Indian Health Service service unit director, or their representatives, (ii) have primary responsibility for the implementation of the Tribal Action Plan, (iii) have the responsibility for on-going review and evaluation of, and the making of recommendations to the tribe relating to, the Tribal Action Plan, and (iv) have the responsibility for scheduling Federal, tribal or other personnel for training in the prevention and treatment of alcohol and substance abuse among Indians as provided under section 2475 22 See References in Text note below. of this title, and (B) the incorporation of the minimum standards for those programs and services which it encompasses which shall be—(i) the Federal or State standards as provided in section 2411(a)(3) of this title, or (ii) applicable tribal standards, if such standards are no less stringent than the Federal or State standards. (2) Any Tribal Action Plan may, among other things, provide for—(A) an assessment of the scope of the problem of alcohol and substance abuse for the Indian tribe which adopted the resolution for the Plan, (B) the identification and coordination of available resources and programs relevant to a program of alcohol and substance abuse prevention and treatment, (C) the establishment and prioritization of goals and the efforts needed to meet those goals, (D) the identification of the community and family roles in any of the efforts undertaken as part of the Tribal Action Plan, (E) the establishment of procedures for amendment and revision of the plan as may be determined necessary by the Tribal Coordinating Committee, and (F) an evaluation component to measure the success of efforts made. (3) All Tribal Action Plans shall be updated every 2 years. (d) Grants(1) The Secretary of the Interior may make grants to Indian tribes adopting a resolution pursuant to subsection (a) to provide technical assistance in the development of a Tribal Action Plan. The Secretary shall allocate funds based on need. (2) There are authorized to be appropriated for grants under this subsection not more than $2,000,000 for the period of fiscal years 2011 through 2015. (e) Federal actionIf any Indian tribe does not adopt a resolution as provided in subsection (a) within 90 days after the publication of the Memorandum of Agreement in the Federal Register as provided in section 2411 of this title, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall require the Bureau of Indian Affairs agency and education superintendents, where appropriate, and the Indian Health Service service unit director serving such tribe to enter into an agreement to identify and coordinate available programs and resources to carry out the purposes of this chapter for such tribe. After such an agreement has been entered into for a tribe such tribe may adopt a resolution under subsection (a). (f) Grants for training, education, and prevention programs(1) The Secretary of the Interior may make grants to Indian tribes adopting a resolution pursuant to subsection (a) to implement and develop community and in-school training, education, and prevention programs on alcohol and substance abuse, fetal alcohol syndrome and fetal alcohol effect. (2) Funds provided under this section may be used for, but are not limited to, the development and implementation of tribal programs for—(A) youth employment; (B) youth recreation; (C) youth cultural activities; (D) community awareness programs; and (E) community training and education programs. (3) There are authorized to be appropriated to carry out the provisions of this subsection $5,000,000 for fiscal years 2011 through 2015.

25 U.S.C. § 2413 Departmental responsibility

(a) ImplementationThe Secretary of the Interior, acting through the Bureau of Indian Affairs, the Attorney General, and the Secretary of Health and Human Services, acting through the Indian Health Service, shall bear equal responsibility for the implementation of this chapter in cooperation with Indian tribes. (b) Office of Alcohol and Substance Abuse(1) Establishment(A) In generalTo improve coordination among the Federal agencies and departments carrying out this chapter, there is established within the Substance Abuse and Mental Health Services Administration an office, to be known as the “Office of Indian Alcohol and Substance Abuse” (referred to in this section as the “Office”). (B) DirectorThe director of the Office shall be appointed by the Administrator of the Substance Abuse and Mental Health Services Administration—(i) on a permanent basis; and (ii) at a grade of not less than GS–15 of the General Schedule. (2) Responsibilities of OfficeIn addition to other responsibilities which may be assigned to such Office, it shall be responsible for—(A) coordinating with other agencies to monitor the performance and compliance of the relevant Federal programs in achieving the goals and purposes of this chapter and the Memorandum of Agreement entered into under section 2411 of this title; (B) serving as a point of contact for Indian tribes and the Tribal Coordinating Committees regarding the implementation of this chapter, the Memorandum of Agreement, and any Tribal Action Plan established under section 2412 of this title; and (C) not later than 1 year after July 29, 2010, developing, in coordination and consultation with tribal governments, a framework for interagency and tribal coordination that—(i) establish 11 So in original. Probably should be “establishes”. the goals and other desired outcomes of this Act; (ii) prioritizes outcomes that are aligned with the purposes of affected agencies; (iii) provides guidelines for resource and information sharing; (iv) provides technical assistance to the affected agencies to establish effective and permanent interagency communication and coordination; and (v) determines whether collaboration is feasible, cost-effective, and within agency capability. (3) Appointment of employeesThe Administrator of the Substance Abuse and Mental Health Services Administration shall appoint such employees to work in the Office, and shall provide such funding, services, and equipment, as may be necessary to enable the Office to carry out the responsibilities under this subsection. (c) Indian Youth Programs Officer(1) There is established in the Office the position to be known as the Indian Youth Programs Officer. The Administrator of the Substance Abuse and Mental Health Services Administration shall appoint the Indian Youth Programs Officer. (2) The position of Indian Youth Programs Officer shall be established on a permanent basis at no less than the grade of GS–14 of the General Schedule. (3) In addition to other responsibilities which may be assigned to the Indian Youth Programs Officer relating to Indian youth such Officer shall be responsible for—(A) monitoring the performance and compliance of the applicable Federal programs in meeting the goals and purposes of this chapter and the Memorandum of Agreement entered into under section 2411 of this title as they relate to Indian youth efforts, and (B) providing advice and recommendations, including recommendations submitted by Indian tribes and Tribal Coordinating Committees, to the Director of the Office as they relate to Indian youth.

25 U.S.C. § 2414 Congressional intent in construction of laws

It is the intent of Congress that— (1) specific Federal laws, and administrative regulations promulgated thereunder, establishing programs of the Bureau of Indian Affairs, the Indian Health Service, and other Federal agencies, and (2) general Federal laws, including laws limiting augmentation of Federal appropriations or encouraging joint or cooperative funding, shall be liberally construed and administered to achieve the purposes of this chapter.

25 U.S.C. § 2414a Review of programs

(a) In generalIn the development of the Memorandum of Agreement required by section 2411 of this title, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall review and consider—(1) the various programs established by Federal law providing health services and benefits to Indian tribes, including those relating to mental health and alcohol and substance abuse prevention and treatment, (2) tribal, State and local, and private health resources and programs, (3) where facilities to provide such treatment are or should be located, and (4) the effectiveness of public and private alcohol and substance abuse treatment programs in operation on October 27, 1986, to determine their applicability and relevance in carrying out the purposes of this chapter. (b) DisseminationThe results of the review conducted under subsection (a) shall be provided to every Indian tribe as soon as possible for their consideration and use in the development or modification of a Tribal Action Plan.

25 U.S.C. § 2415 Federal facilities, property, and equipment; leasing of tribal property

(a) Facility availabilityIn the furtherance of the purposes and goals of this chapter, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall make available for community use, to the extent permitted by law and as may be provided in a Tribal Action Plan, local Federal facilities, property, and equipment, including school facilities. Such facility availability shall include school facilities under the Secretary of the Interior’s jurisdiction: Provided, That the use of any school facilities shall be conditioned upon approval of the local school board with jurisdiction over such school. (b) CostsAny additional cost associated with the use of Federal facilities, property, or equipment under subsection (a) may be borne by the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services out of available Federal, tribal, State, local, or private funds, if not otherwise prohibited by law. This subsection does not require the Secretary of the Interior, nor the Attorney General, nor the Secretary of Health and Human Services to expend additional funds to meet the additional costs which may be associated with the provision of such facilities, property, or equipment for community use. Where the use of Federal facilities, property, or equipment under subsection (a) furthers the purposes and goals of this chapter, the use of funds other than those funds appropriated to the Department of the Interior, the Department of Justice, or the Department of Health and Human Services to meet the additional costs associated with such use shall not constitute an augmentation of Federal appropriations. (c) Leases(1) The Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services are authorized to enter into long-term leases of tribally owned or leased facilities to house programs established by this chapter where they determine that there is no Federal facility reasonably available for such purpose and the cost of constructing a new Federal facility would exceed the cost of such Federal lease unless they determine that mitigating factors favor such a lease. (2) A tribally owned or leased facility may be leased pursuant to this authority to house a regional treatment center to be established pursuant to section 2474(b) 11 See References in Text note below. of this title only if all the tribes within the Indian Health Service area to be served by such regional treatment center initially consent to such Federal lease.

25 U.S.C. § 2416 Newsletter

(a) In generalThe Secretary of the Interior shall publish an alcohol and substance abuse newsletter in cooperation with the Secretary of Health and Human Services and the Secretary of Education to report on Indian alcohol and substance abuse projects and programs. The newsletter shall—(1) be published once in each calendar quarter, (2) include reviews of programs determined by the Secretary of the Interior to be exemplary and provide sufficient information to enable interested persons to obtain further information about such programs, and (3) be circulated without charge to—(A) schools, (B) tribal offices, (C) Bureau of Indian Affairs’ agency and area offices, (D) Indian Health Service area and service unit offices, (E) Indian Health Service alcohol programs, and (F) other entities providing alcohol and substance abuse related services or resources to Indian people. (b) Authorization of appropriationsThere are authorized to be appropriated to carry out this section $500,000 for fiscal year 1993 and such sums as may be necessary for each of the fiscal years 1994, 1995, 1996, 1997, 1998, 1999, and 2000.

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